Citizen s Charter. Ministry of Corporate Affairs ( ) Shastri Bhawan, New Delhi

Transcription

1 Citizen s Charter ( ) of Corporate Affairs Shastri Bhawan, New Delhi January, 2011

2 1. Vision To facilitate corporate growth with enlightened regulation. 2. Mission To be responsive and sensitive to changes in the business environment and suitably formulate and modify corporate laws and regulations from time-to-time. 3. Organization Structure The has a three tier organization setup as per provisions in the. The organization includes (i) the at New Delhi, (ii) the Regional Directors at Mumbai, Kolkata, Chennai, Noida, NE Region and Ahmedabad, (iii) 20 offices of Registrar of in States and Union Territories and 19 offices of Official Liquidators. 4. Functions 1. Administration and other related Acts. 2. Revision of. 3. Formulation of Policies and Rules under various Acts administered by the. 4. Implementaion of Competition Act, rules & regulations framed there under. 5. e-governance in MCA. 6. Undertaking Investor education programes/activities. 7. Regulation of Institute of Charted Accountants of India (ICAI), Institute of Company Secretaries of India (ICSI) & Institute of Cost and Works Accountants of India (ICWA).

3 5. Objectives 1 To provide simplified laws governing Corporate Sector to facilitate effective compliance and regulatory regime. 2 Online delivery of all registry related services with speed, certainty and transparency, access to public information and effective monitoring of statutory compliance by the companies 3 To encourage corporate sector to adopt good corporate governance practices and corporate social responsibility 4 To promote investor education and awareness for creation of appropriate business environment that facilitate growth of corporate sector in the country 5 Cost Audit 6 Indian Institute of Corporate Affairs 7 Effective enforcement of provisions of. 6. Stakeholders Consulted: The has taken into account the views of stakeholders through chambers of commerce & industries, the accountancy and company secretarial professions, investors, parliamentarians etc. The stakeholder views have been gathered during various formal and informal interactions in formulating the Charter. Next Charter review date: 31 st March, 2012

4 Main Services / Transaction S. No. Service / Transaction Service Standard Responsible Person (Designation) Phone No Process Document Required Fees Category Mode Amount Sh. M.V. Chakranarayan,ROC, Andhra Pradesh , Sh. O.P. Sharma, ROC, Bihar & Jharkhand Sh. S.K. Gupta, ROC, Goa, Daman & Diu , Sh. M.K. Bagra, ROC, Jammu & Kashmir Sh. S.M. Ameerul Milaath, ROC, Kerala , Sh. Henry Richard,ROC, Mumbai , Sh. Vishnu Pandurang Katkar, ROC, Pune Sh. V. Swamidason, ROC, Puduchery Sh. S.P. Kumar, ROC, Rajasthan Disposal of applications for availability Sh. M.P. Shah, ROC, Uttar Pradesh & Uttarakhand of names for incorporation of a 3 Working days Sh. Gulab Chand Yadav, ROC, Assam, Meghalaya, Manipur, roc.hyderabad@mca.gov.in roc.patna@mca.gov.in roc.goa@mca.gov.in roc.jammu@mca.gov.in roc.ernakulam@mca.gov.in Rs roc.m 1A Company Tripura, Mizoram, Nagaland & Arunanchal Pradesh Sh. M.M. Juneja, ROC, Delhi & Haryana Sh. R.V. Dani, ROC, Gujarat Sh. B. N. Harish, ROC, Karnataka Sh. S.K. Agarwal, ROC, Madhya Pradesh & Chhattisgarh Sh. D. Bandopadhyay, ROC, Orissa Dr. Raj Singh, ROC, Punjab, Chandigarh & Himachal Pradesh Sh. V.C. Davey, ROC, Chennai Dr. M. Manuneethi Cholan, ROC, Coimbatore Sh. B. Mohanty, ROC, West Bengal , , , , , Disposal of applications for Incorporation of a Company (subject 2 to applicant fulfils all the statutory requirements*) and non-stp forms 3 Working days -do- -do- -doi.e. Forms No s 2, 5, 32, 23, 25C, 18, 20, 20A etc Registering a place of business in 4 India by a foreign company (subject to applicant fulfils all the 1 Working days -do- -do- -dostatutory requirements) ROC After filing of requisite form Disposal of applications for Part IX of Incorporation of an existing business Companie 3 3 Working days -do- -do- -do- as a Company (subject to applicant s Act, fulfils all the statutory requirements) 1956 ROC ROC Filing of a Prospectus before IPO or 5 FPO (Subject to furnishing of hard copy 3 Working days -do- -do- -do- 62 and attachments and the prospectus being otherwise in order) ROC 1, 18, Stipulated 2. Additional 1. Stipulated 2. Additional

5 Main Services / Transaction S. No. Service / Transaction Service Standard Responsible Person (Designation) Phone No Process Disposal of Charge 6 1 Working days -do- -do- -do- Creation/modification/satisfaction Filing of Annual Returns & Balance 7 Sheets (Other than disputed cases and cases of offline submission of 0 Working days -do- -do- -doshareholders data) Document Required Fees Category Mode Amount 8 Disposal of applications for extensions to hold AGM/ Change of 3 Working days -do- -do- -do- 61 Accounting Year. Taking on record of Court or CLB 10 2 Working days -do- -do- -do- Order. Processing of applications by ROC in 61/ respect of Scheme of amalgamations 9 15 Working days -do- -do- -do- Physical for sending reports to Regional form Director. Disposal of applications for compounding offences by sending Physical Working days -do- -do- -do- reports to Regional Director or form Company Law Board. On demand scanning if requested by a company to include any physical document filed prior to MCA-21 in the Document 12 said company 3 Working days -do- -do- -do- to be scanned subject to the being available and not subject to destruction Rules. s 8/10/17 20B/23AC /23ACA Provide certified copies of Challan of a company (subject to submission copy fee - 13 of non-judicial requisite stamp paper 3 Working days -do- -do- -do- no form and adequate paid by the prescribed applicants) Stipulated 2. Additional 1. Stipulated 2. Additional 1. Stipulated 2. Additional All designated partners 14 proposed LLP shall obtain Designated Partner Identification LLP E- 3 Working days Mr. Santosh Kumar, Registrar, LLP llpsupport_mca@nic.in , form 7 Rs Number (DPIN) by filing an application individually online in Form- 7 ROC Notification No GSR/501E Dated 6th July 1999

6 Main Services / Transaction S. No. Service / Transaction Service Standard Responsible Person (Designation) Phone No Process Once the name is reserved by the LLP E- Registrar, log on to the portal and fill form Working days -do- -do- -do- up Form 1 and Form-2 Incorporation and E- Document and Statement. form 2 ROC Form 3 (Information with regard to LLP agreement and changes, if any made therein) and Form-4 (Notice of Appointment of Partner/Designate LLP E- Partner, his consent etc.) may be filed form Working days -do- -do- -do- with the prescribed fee simultaneously at the time of filing Form 2 or within 30 days date of incorporation or within 30 days of such subsequent changes ROC Document Required and E- form 4 Fees Category Mode Amount,, Rs Schedule 'A' of LLP Rules Schedule 'A' of LLP Rules LLP E- 17 Conversion of firm and company to Form 7 with form 5 Days -do- -do- -do- LLP DPIN 1/2/17 & 18, Schedule 'A' of LLP Rules Application for confirmation by Dr. Navrang Saini, RD, Eastern Region Regional Director for change of Sh. B.K. Bansal, RD, Northern Region registered office company Sh. U.C. Nahta, RD, North Western Region Days rd.east@mca.gov.in rd.north@mca.gov.in rd.south@mca.gov.in rd.west@mca.gov.in ---, Rs AD within the state from the jurisdiction of one Registrar to jurisdiction of another Registrar Sh. K. Pandian, RD, Southern Region Sh. S.M.A. Millath, RD, Western Region Sh. B.L. Sinha, RD, North Eastern Region , RD 19 Form for filing application to Regional Director Various matters Section 45 Days -do- -do- -docomplete in all 24A 297/25/224 RD 20 Form for filing application for opening 20 Days -do- -do- -dobranch(s) by a nidhi company 64 RD Rs and Rs., 2000 as per authorised capital Rs Rs Rs as, per authorised capital 21 Application for compounding application. (ROC forward to RD or 60 Days -do- -do- -docomplete in all CLB within 15 days) 61 RD

7 Main Services / Transaction S. No. Service / Transaction Service Standard Responsible Person (Designation) Phone No Process Document Required Fees Category Mode Amount 22 Application for grant of license under 60 Days -do- -do- -dosection 25 Act. 24A Rs RD 23 Removal of Auditor under section 90 Days -do- -do- -do- 224/225 Act. 24A RD 24 Issue of Directions under section Days -do- -do- -doof the Act. 24A RD 25 Disposal matters relating to modification to be stated in the 90 Days Sh. Anil Kumar, Under Secretary, MCA company s balance sheet or profit and 23AAA loss account (Section 211(4)) Disposal matters relating to the 26 exemption from attaching the annual accounts subsidiary companies 90 Days Sh. Anil Kumar, Under Secretary, MCA 23AAB, Balance Sheet with the holding company (Section 212) 27 Processing applications filed for not providing depreciation (Section 90 Days Sh. Anil Kumar, Under Secretary, MCA 23AAC 205(2C)) Act 28 Processing applications filed 30 Days Sh. Rajiv Wadhawan, Deputy Director, MCA rajiv.wadhawan@mca.gov.in for appointment of cost auditor (IGC) 23C Disposal application for giving loans to the directors or the companies/firms in which directors Days Sh. L.K. Trivedi, Under Secretary, MCA Lakshmi.trivedi@mca.gov.in AB are interested and, providing security or guarantee in connection with a loan etc (Section 295), Rs & Rs for 25 lacs & above

8 Main Services / Transaction S. No. Service / Transaction Service Standard Responsible Person (Designation) Phone No Process Disposal of an application, where in the relative director is 30 appointed in the place of profit and for obtaining prior consent for holding 120 Days Sh. L.K. Trivedi, Under Secretary, MCA Lakshmi.trivedi@mca.gov.in B of any office or place of profit in the company by certain persons (Section 314) Disposal after processing an 31 application for declaration as Nidhi 120 Days Sh. L.K. Trivedi, Under Secretary, MCA Lakshmi.trivedi@mca.gov.in Company (Section 620) The disposal of various matters relating to the further information Days Sh. L.K. Trivedi, Under Secretary, MCA Lakshmi.trivedi@mca.gov.in called for in the matter relating to form 25A,24B etc. CL VII The processing for an approval for n of 33 declaration of dividend out of reserves 90 Days Sh. L.K. Trivedi, Under Secretary, MCA Lakshmi.trivedi@mca.gov.in dividend (Section 205A(3)) 34 Directors The disposal of an application for 120 Days Sh. L.K. Trivedi, Under Secretary, MCA Lakshmi.trivedi@mca.gov.in U/S removal of disqualification of directors Document Required as per Declaratio out of reserves Rules 1975 DD-C Disqualific ation of 274(1)(g) of Co. Act,1956) Rules 2003 Disposal of an application for approval appointment of sole Days Sh. L.K. Trivedi, Under Secretary, MCA Lakshmi.trivedi@mca.gov.in I selling agents by the company (Section 294AA) Fees Category Mode Amount

9 Main Services / Transaction S. No. Service / Transaction Service Standard Responsible Person (Designation) Phone No Process Disposal of an application for approval appointment of sole Days Sh. L.K. Trivedi, Under Secretary, MCA Lakshmi.trivedi@mca.gov.in II buying agent by a company (Section 294AA) The grant of permission for increase in the number of directors Days Sh. L.K. Trivedi, Under Secretary, MCA Lakshmi.trivedi@mca.gov.in company beyond 12 directors (CL VII / Section 259) The disposal of an application for approval of appointment or reappointment and remuneration or 38 increase in remuneration or waiver for excess or over payment to managing 90 Days Sh. L.K. Trivedi, Under Secretary, MCA Lakshmi.trivedi@mca.gov.in A or whole-time director(s) or manager and commission or remuneration or expression of opinion to directors (Section 198/309) The disposal of an application for approval to amendment of provisions Days Sh. L.K. Trivedi, Under Secretary, MCA Lakshmi.trivedi@mca.gov.in relating to managing, whole time or 25B non rotational director (Section 309) Document Required Fees Category Mode Amount Feedback Immediate form to be 40 Investor Grievance Redressal * 30 Days Sh. Anil Prashar, Under Secretary, MCA anil.prashar@mca.gov.in redress filled online complaint Feedback Immediate Other Grievances / Complaints form to be 41 5 Working days Sh. Shyam Sunder, Deputy Director, MCA shyam.sunder@mca.gov.in redress - - (Related to MCA 21) * filled online complaint * Details given in Grievance Redressal Section

10 Grievance Redressal Mechanism 1. Investor Grievance Redressal: Service Standard- 30 days for the Complaints received in MCA 2. Other Grievances/ Complaints (Related to MCA 21): Service Standard- the MCA 21 SLAs (Service Level Agreements) for Operator against each eform Service listed in the portal. 1. Investor Grievance Redressal :MCA registers Investors Complaints through the following Channels- (A) MCA receives grievances in Head Quarter through the Investors Grievance Management Cell. The following process is followed: a. Acknowledgement complaint received online- Same day b. ONLINE Lodging of Complaint with the Concerned Registrar- Same day (Within 24 hours) c. Forwarding the complaint OFFLINE to other Ministries/ Official Liquidator/Competition Law Board/ Competition Commission of India- Within 48 hours of receipt of Complaint d. Forwarding the Complaint for comments from the concerned Company/ Entity- 1. Online- Within 24 hours 2. Offline- within 48 hours e. First Reminder Dispatch- 1. To RoC- 1a. In case of Initial Online Dispatch- 10 days of Initial Dispatch 1b. In case of Initial Offline Dispatch- 15 days of Initial Dispatch 2. To the concerned Entity 2a. In case of Initial Online Dispatch- 10 days of Initial Dispatch 2b. In case of Initial Offline Dispatch- 15 days of Initial Dispatch f. Second Reminder Dispatch 1. To RoC- 1a. In case of Initial Online Dispatch- 17 days of Initial Dispatch 1b. In case of Initial Offline Dispatch- 22 days of Initial Dispatch 2. To the concerned Entity 2a. In case of Initial Online Dispatch- 17 days of Initial Dispatch 2b. In case of Initial Offline Dispatch-22 days of Initial Dispatch g. Verification if a Compliance Report by the concerned entity is received from RoC/ Applicant- On the 30 th day of receipt of Complaint h. If there is no report received from the RoC/ Applicant on 30 th Day- 1. Verification Call to the Applicant- 30 th Day after receipt of initial complaint 2. Verification Call to the RoC concerned- 30 th Day after receipt of initial complaint 3. If there is no action from Entity reported by the Applicant/ RoC- Inspection/ Prosecution to begin by RD/ RoC concerned- 30 i. Final Disposal of complaint- the prosecution/ legal process. B. Through a website INVESTOR HELPLINE sponsored and aided by Investor Education and Protection Fund of Corporate Affairs, Government of India. The detailed process is available on the website INVESTOR HELPLINE under Helpline Process in a 7 stage process: a. Stage 1- Registration b. Stage 2- Scrutiny, Forwarding to the concerned entity and Asking the applicant for supporting if needed c. Stage 3-30 day Action Taking time for the entity, after which the grievance is forwarded to the concerned Regulator d. Stage 4- Another 30 day Action Taking time for the entity and / or Regulator and a Reminder thereafter to the Regulator e. Stage 5- Wait another 45 days for taking action by entity and Update status on Website f. Stage 6- If matter is still unresolved after the above 105 days, a confirmation would be taken from the Applicant about the status complaint, the Helpline will approach the Regulator g. Stage 7- After 6 months of pursuing the matter, the case would be followed up with regulator/ authority in a consolidated manner. C. Through the CPGRAMS Application of DAR&PG- CPGRAMS is a centralized Grievance Redressal portal managed by Dept of Administrative Reforms and Public Grievances. Members public can register their complaints and grievances on the portal Their complaints will be forwarded to concerned (in this case, of Corporate Affairs] by DAR&PG. Link for this CPGRAMS portal is given on the home page of MCA 's website i.e. under the heading "Public Grievances[CPGRAMS]" 2. Other Grievances/ Complaints (Related to MCA 21): Registered users of MCA21 services have a facility of lodging their complaint or grievance in the Feedback link on website. This complaint/ grievance is converted into a Ticket by the Helpdesk Cell of Operator. The time line prescribed for taking action for the operator for each Ticket will be dependent upon the nature of issue raised by the user which is as per the Pre-approved SLAs for the Operator to resolve such issues Details Public Grievance Officer Name Public Grievance S. No. Landline Officer Mobile Number 1 Sh. Avinash Kumar Srivastava avinash.srivastava@mca.gov.in

11 List of Stakeholders for MCA Services S. No. Stakeholders / Clients Description 1 Corporate Sector (all companies, LLPs) 2 Professionals - CAs, CSs, ICWAs, Advocates etc. 3 Investors 4 Banks 5 Other Government Ministries / Department at centre 6 State Governments (Stamp duty etc.) 7 Citizen of India

12 Indicative Expectations from Service recipients S. No. Indicative Expectations 1 Submit duly completed application forms (in all ). 2 Obey all rules, regulations and guidelines issued by. 3 Check the website regularly for updates on policies, programmes and procedures. 4 Always keep proper records of your letters and communications with. 5 Do not try to bring external influence for getting your work done. 6 Please show courtesy to 's officers. 7 If you have an appointment with an officer in the, please arrive 15 minutes prior to the appointment. 8 If you want to cancel an appointment, please give advance notice. 9 Give your suggestions / inputs on drafts placed on 's website / those circulated to you.